Section 106 Evidence Act, 1872:
Burden of proving fact especially within knowledge.—
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
Illustrations
(a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.
(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.
Section 106 of the Indian Evidence Act, 1872, deals with the burden of proof in cases where a fact is within the special knowledge of a person. This section applies to civil and criminal cases alike and lays down an important principle of evidence.
The section states that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon that person. This means that if a fact is known to a particular person and not to others, it is the responsibility of that person to prove it in court.
For example, in a case where the ownership of a property is disputed, and the disputed property was in the possession of the defendant, the burden of proving that he acquired the property lawfully and has the right to possess it will be on the defendant. Similarly, in a criminal case where the accused is alleged to have killed someone with a knife, the burden of proving that the accused used the knife to commit the crime will be on the prosecution.
However, it is important to note that the burden of proof under Section 106 is not absolute, and the person who has the special knowledge of the fact is only required to prove it to the extent that is reasonable in the circumstances. The person is not required to prove the fact beyond all doubt, but only to the extent that a reasonable person would believe it to be true.
In conclusion, Section 106 of the Indian Evidence Act, 1872, lays down an important principle of evidence regarding the burden of proof in cases where a fact is within the special knowledge of a person. The section ensures that the responsibility of proving such facts lies with the person who has the special knowledge, and that the burden of proof is not absolute but is based on the standard of reasonableness in the circumstances.
